BOMBAY WEIGHTS AND MEASURES (ENFORCEMENT) (GUJARAT AMENDMENT) ACT, 1963
GUJARAT ACT NO. XLVII OF 1963.
(First published, after having received the assent of the Governor in the "Gujarat Government Gazette” on the 12th November, 1963).
An Act further to amend the Bombay Weights and Measures (Enforcement) Act, 1958.
It is hereby enacted in the Fourteenth Year of the Republic of India as follows :—
Short title.
1. This Act may be called the Bombay Weights and Measures (Enforcement) (Gujarat Amendment) Act, 1963.
Amendment of section 2 of Bom. LXIX of 1958.
Bom. LXIX of 1958.
2. In section 2 of the Bombay Weights and Measures (Enforcement) Act, 1958 (hereinafter referred to as “the principal Act”), after clause (i) the following clause shall be inserted, namely :—
"(ii) “use in transaction for trade? or Commerce” means use for the purpose of determination or declaration of the quantity of anything in terms of measurement of length, area, volume, capacity or weight in relation to,—
(а) any contract, whether by way of sale, exchange or otherwise; or
(b) any payment, whether by-way of royalty, toll, duty or any other dues connected with or forming part of such transaction;”.
Amendment of section 3 of Bom. LXIX of 1958.
3. In section 3 of principal Act,—
(i) in sub-section (1), for the words “the Working standards, and special sets of working standards in relation to bullion and precious stones may also be prepared” the words “the working standards” shall be substituted;
(ii) in sub-section (4), the proviso shall be deleted.
Amendment of Motion 7 of Bom. LXIX of 1958.
4. In section 7 of the principal Act, for sub-section (1), the following subsection shall be substituted, namely : —
“(1) Notwithstanding anything contained in any other law or any custom, usage or practice in any area or in respect of any class of goods or undertakings where or in respect of which this Act has come into force, no unit of mass or measure other than -the standard weights or measures shall be used in any transactions for trade or commerce, or in any dealing or contract or for any work to be done or goods to be sold or delivered, or be kept in any premises where such transactions are usually conducted.”,
Amendment of section 14 of Bom. LXIX of 1958.
5. In section 14 of the principal Act, after the existing proviso, the following proviso shall be inserted, namely
“Provided further that the State Government may, if it is satisfied that the size of any class of such packages or containers renders it impracticable to comply with the provisions of this section, by notification in the Official Gazette, exempt such class from the operation of this section.”.
Amendment of section 23 of Bom. LXIX of 1968.
Bom. LXIX of 1968.
6. In section 23 of the principal Act, after the words “other than one of the standard weights or measured” the words, brackets and figures “or whoever after the commencement of the Bombay Weights and Measures (Enforcement) (Gujarat Amendment) Act, 1963 keeps any unit of mass or measure other than the standard weights or measures in any premises where such transactions are usually conducted" shall be inserted.
Insertion of new section 37AinBom. LXIX of 1958.
7. After section 37 of the principal Act the following section shall be inserted, namely : —
Composition of offences.
“37A. (7) Any offence punishable under section 23, section 24, section 25, section 27, section 28, section 32 or section 34 other than a second or a subsequent offence under section 23, or section 25, may, either before or after the institution of the prosecution, be impounded by the State Government on payment of such sum as the State Government thinks fit -
(2) On payment by the offender of such sum, the offender, if in custody, shall be set at liberty and if any proceedings in any criminal court have been instituted against the offender in respect of the offence the composition shall be deemed to amount to an acquittal and no further criminal proceedings shall be taken against him in respect of such offence.”.
Insertion of now section 48 in Bom. LXIX of 1958.
8. After section 47 of the principal Act, the following section shall be inserted, namely : —
Saving.
“48. Nothing in this Act shall apply to weights or measures or Weighing or measuring instruments used by or in any unit or establishment of the Armed Forces of the Union.”. |
